[2026:RJ-JP:1097] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.369/2013 Banwari Lal Kumawat S/o Shri Madan Lal Kumawat, aged about 42 years, R/o V & P Raghunathgarh, Tehsil & District Sikar (Raj.). (At present working on the post of Gram Sevak-Cum-Secretary, Panchayat Samiti, Buhana, District Jhunjhunu w.e.f. 31.5.2012) ----Petitioner Versus 1. State of Rajasthan through Addl. Chief Secretary to Government, Rural Development and Panchayati Raj Department, Government of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 2. Secretary to Government, Panchayati Raj Department, Government of Rajasthan, Government Secretariat, Jaipur Raj. 3. Chief Executive Officer, Zila Parishad, Jhunjhunu Raj. 4. Block Development Officer, Panchayat Samiti, Khetri, District Jhunjhunu Raj. 5. Block Development Officer, Panchayat Samiti Buhana, District Jhunjhunu Raj. ----Respondents For Petitioner(s) : Mr. Ajay Gupta For Respondent(s) : Mr. Ashutosh Udawat with Mr. Sumit Purohit on behal of Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ANAND SHARMA Order 12/01/2026 1. Petitioner has filed the instant writ petition for seeking a direction against the respondents for granting him benefit of first selection grade on completion of nine years of service w.e.f. 08.03.2009 as well as to grant him benefit of fixation of pay under [2026:RJ-JP:1097] (2 of 5) [CW-369/2013] the Rajasthan Civil Services (Revised Pay) Rules, 2008 (for short, 'the Revised Rules of 2008'), after granting him benefits of selection grade w.e.f. 08.03.2009. 2. It is submitted by learned counsel for the petitioner that the petitioner was appointed on the post of Gram Sevak on 08.03.2000. He completed nine years of service on 08.03.2009 satisfactorily and there was no penalty awarded to him prior to 08.03.2009, therefore, in the light of circular issued by Finance Department of Government of Rajasthan, the petitioner was entitled for grant of first selection grade from 08.03.2009, however, the same was not granted to the petitioner w.e.f. 08.03.2009 and was rather deferred for one year on the ground that after acquiring the eligibility of 08.03.2009, subsequently one order dated 25.06.2009 has been passed under the provisions of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, 'the Rules of 1958'), whereby penalty of withholding one grade increment without cumulative effect has been imposed upon him. 3. Learned counsel for the petitioner further submits that penalty, if any, imposed after the date of completion of nine years of service cannot be taken into consideration while granting benefit of selection grade on completion of nine years of service, which the petitioner had already completed much earlier than the imposition of penalty. Therefore, deferring the benefit of selection grade for one year on the pretext of date of such penalty order, which was imposed subsequent to acquiring date of eligibility for the purpose of first selection grade is quite arbitrary and illegal, hence, the order of grant of selection grade is required to be [2026:RJ-JP:1097] (3 of 5) [CW-369/2013] modified to the extent that the petitioner is entitled for first selection grade w.e.f. 08.03.2009. 4. Second grievance raised by the petitioner in the instant writ petition is that although for the purpose of getting benefit of pay fixation as per the Revised Rules of 2008, he submitted an option for adopting the new pay scales from the date on which selection grade is granted to him, however, ignoring such option, benefit of the Revised Rules of 2008 was granted to him w.e.f. 01.09.2006, which has caused him grave prejudice as well as financial loss. 5. Per contra, learned Government Counsel appearing for the respondents opposed the writ petition and submitted that as per the circulars issued by the State Government, whenever any penalty of withholding grade increments is imposed upon any employee, the benefit of selection grade is deferred in furtherance of such penalty order for as many number of years for which the penalty of withholding grade increments have been granted. In the instant case, vide order dated 25.06.2009, penalty order for stopping one grade increment without cumulative effect was imposed upon the petitioner, hence, no error whatsoever has been committed by the respondents in deferring the benefit of selection grade by one year. 6. Learned Government Counsel further submits that pursuant to the Revised Rules of 2008, options were invited from all the existing employees for opting the pay scale from a particular date. In the instant case, the petitioner opted for the Revised Rules of 2008 w.e.f. 01.09.2006 and, accordingly, the benefits have been granted to the petitioner w.e.f. 01.09.2006. [2026:RJ-JP:1097] (4 of 5) [CW-369/2013] 7. No rejoinder to the reply filed by the respondents has been filed by the petitioner. 8. Heard learned counsel for the parties and perused the record. 9. It is not a matter of dispute between the parties that the petitioner has competed nine years of service on 08.03.2009 and till the date of completion of nine years of services, there was no penalty in his service record and his service record was satisfactory. Thus, in the light of circular dated 12.06.2008 issued by the Finance Department of Government of Rajasthan, benefit of first selection grade is to be granted on completion of nine years of services, subject to rendering satisfactory services. In the instant case, till the completion of nine years of services as on 08.03.2009, admittedly there was no penalty in the service record of the petitioner, therefore, the penalty order, which was passed subsequent to completion of nine years, cannot be taken into consideration for the purpose of grant of first selection grade to the petitioner. Hence, the petitioner is entitled for grant of first selection grade w.e.f. 08.03.2009. 10. So far as, relief of pay fixation of the petitioner from the date of grant of selection grade is concerned, it has clearly been mentioned by the respondents in their reply to the writ petition that the petitioner submitted option for opting the Revised Rules of 2008 w.e.f. 01.09.2006 and even option form was also placed for perusal of this Court, reflecting that option of the petitioner was to opt the pay scale w.e.f. 01.09.2006. 11. In the light of above discussion, the writ petition filed by the petitioner is partly allowed. Petitioner is entitled for grant of [2026:RJ-JP:1097] (5 of 5) [CW-369/2013] first selection grade on completion of nine years of services w.e.f. 08.03.2009 along with all consequential benefits. Necessary orders in this regard be passed within a period of 60 days. So far as, his prayer with regard to change the option of the Revised Rules of 2008 is concerned. In view of above, the same is not accepted. 12. Ordered accordingly. (ANAND SHARMA),J Daksh-Garima/24